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NY M80029




March 7, 2006

CLA-2-62:RR:NC:TA:354 M80029

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9020

Ms. Ellen R. Schwartz
T. H. Weiss Inc.
440 McClellan Hwy.
E. Boston, Massachusetts 02128

RE: The tariff classification of brassieres from Turkey.

Dear Ms. Schwartz:

In your letter dated February 3, 2006, you requested a classification ruling on behalf of Juno Rising D/B/A ISIS. The submitted samples will be returned as per your request.

Six samples were submitted for review. Style 6410 is a women’s racer-back sports brassiere made of a seamless constructed two- ply 76% nylon 19% polyester 5% spandex knitted fabric. The brassiere features an oval front neckline, distinct stitching that outlines the bust area, a two-ply tightly ribbed knit bottom band measuring approximately 1-1/4 inches in length, and capping at the neckline, racer- back and arm openings. The brassiere is also available in a different fabrication (97% nylon 3% spandex) as style 6403.

Style 6619 is a women’s racer-back soft fabric sports brassiere made of a seamless constructed 97% nylon 3% spandex knitted fabric with a daisy pattern. The brassiere features a v-cut front neckline, a hemmed two-ply ribbed knit bottom band measuring approximately 1-inch in length, and capping at the neckline, racer-back, and arm openings.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

The applicable subheading for styles 6410, 6403, and 6619 will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassiere: Other: Other . . . Of man-made fibers. The general rate of duty will be 16.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Styles 6410, 6403, and 6619 fall within textile category designation 649. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

We are returning your request for a classification on styles 6401, 6402, 6408, and 6409 and any related samples, exhibits, etc. Section 177.7 of the Customs Regulations (19 C.F.R. §177.7) provides that rulings will not be issued in certain circumstances. Specifically, § 177.7(b) reads, in pertinent part:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit or any court of appeal therefrom.

Beginning June, 2005, the issue of the classification of an upper body garment with a shelf bra has been filed with the United States Court of International trade by several different importers. Thus, the issuance of a classification ruling would be inconsistent with 19 C.F.R. §177.7(b).

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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